Introduction
Healthcare regulations’ dynamic nature necessitates continuous awareness of covered entities. Significant changes are expected in 2023 due to HIPAA updates related to data privacy and access. Throughout history, HIPAA regulations have evolved, as seen in our article, which explores forthcoming changes and how the industry is adapting to align SUD and mental health information with HIPAA regulations. Together, we will investigate the effects of the latest HIPAA standards on healthcare providers and patients.
Anticipated HIPAA Changes in 2023
Frequent revisions to HIPAA regulations and related laws necessitate continuous attention from Covered Entities. Scheduled for publication at an unspecified date in 2023, the Federal Register will present the next major update.
The article can be used to help you understand the HIPAA requirements and verify compliance through our checklist.
Historical Perspective: The Evolution of HIPAA Regulations
This section provides a historical perspective on the evolution of HIPAA regulations and highlights the anticipation of significant changes in 2023:
Historical Overview
The HIPAA Omnibus Final Rule’s 2013 revision was mainly driven by the HITECH Act’s influence. Alignment with other laws, Executive Orders, and medical billing codes was the main focus of subsequent changes.
Upcoming Major Update
HIPAA Regulations modifications were proposed by OCR through the issuance of an NPRM in December 2020. Despite an uncertain release date, the Final Rule is forecasted to hit shelves in 2023.
Focus on Substance Use Disorder (SUD) and Mental Health Records
HIPAA regulations have faced renewed attention regarding their application to SUD and mental health data. Understood as having its own set of discrete confidentiality standards, SUD records are differentiated from other healthcare data by 42 CFR Part 2.
Alignment Efforts
To provide equal privacy protection, a closer collaboration between Part 2 laws and HIPAA is required. Greater accessibility to patient information can be achieved through aligning these rules.
Progress and Changes
Through the CARES Act in 2020, progress was made toward aligning Part 2 with HIPAA regulations. Aiming at better coordinating patient care by aligning regulatory requirements for Part Two and HIPAA, the Act enforced closer synchronization. This was detailed further within a notice of proposed rule creation in the year 2022.
Rule making applies to the new HIPAA and Part 2
The CARES Act aimed to provide comprehensive healthcare access and tackle economic difficulties during the COVID-19 pandemic. This act came into effect in March 2020. For people suffering from substance use disorder (SUD) to get the needed treatment, Part 2 regulations underwent necessary updates. Influenced by the Legacy Act that Senators Capito and Manchin introduced were these updates. Below we will discuss key changes to Part 2 regulations including:
- Broad Consent: For treatment, payment, and healthcare operations similar to HIPAA, patients can share their SUD records by giving broad consent. Any time is suitable to withdraw consent in writing.
- De-Identification: With public health authorities, SUD information can be shared if it’s de-identified in line with HIPAA Regulations.
- Patient Protections: While there are limitations on the use of SUD records during investigations and proceedings, discrimination against patients with Substance Use Disorder is also prohibited.
- New Patient Rights: The introduction includes both the right to an accounting of SUD record disclosures as well as the right to request restrictions on disclosure for treatment, payment and health care operations.
- Complaint Process: A process for receiving and resolving patient complaints must be established by Part 2 programs; they also need to prohibit negative reactions towards those who make complaints.
- Enforcement and Penalties: Civil and criminal penalties similar to HIPAA are applicable for disclosing it to the HHS Secretary for enforcement. With HIPAA, confidentiality notices and breach notification requirements are aligned.
- HIPAA Update: An update to HIPAA has called for covered entities that receive or keep up with Part 2 records to incorporate limitations on the re-disclosure of these same files during legal events, following the rules set by Part two guidelines. Read More...
